Allowed

Khemchand Son of Indar Saini v. State of Rajasthan

Rajasthan HC21 Apr 2023CRLMB/1154/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan, Bench at Jaipur, allowed a bail application filed by the accused-petitioner under Section 439 Cr.P.C. in a case involving offences under IPC and POCSO. The court granted bail while the trial concludes, directing the petitioner to furnish a bond and enforce personal appearance.

What did the court decide?

Accused-petitioner released on bail furnished with a personal bond in Rs 50,000 and two sureties of Rs 25,000 each.

Khemchand Son of Indar Saini Vs State of… — Child Sexual Offences (POCSO) | Rajasthan HC (2023)

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[2023/RJJP/007704]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 1154/2023 Khemchand Son Of Indar Saini, R/o Bhainsdawat, P.s. Govindgarh, District Alwar (Raj.)

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(At Present Accused-Petitioner Confined In Central Jail Alwar)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.P.

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----Respondent

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For Petitioner(s) : Mr. Gurvindra Singh For Respondent(s) : Mr. Chandragupt Chopra, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order

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21/04/2023

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This bail application has been filed by the accused-petitioner under Section 439 of the Cr.P.C. in connection with FIR No.198/2022, registered at Police Station Malakheda, District Alwar for the offences under Sections 363 and 366 of IPC and later on for the offences under Sections 376(3), 376(2)(N) and 344 of IPC, 5L/6 and 4(2) of POCSO Act.

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Heard learned counsel for the accused-petitioner and learned Public Prosecutor and also perused the material available on record.

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Learned counsel for the accused-petitioner submitted that the accused-petitioner has falsely been implicated in this case. Learned counsel further submitted that as per the statements of the prosecutrix recorded under Section 164 of Cr.P.C., the prosecutrix went with the accused-petitioner on her own will and whims and they both lived together for more than four months at

[2023/RJJP/007704]

[CRLMB-1154/2023]

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various places. Learned counsel further argued that the prosecutrix had travelled with the accused-petitioner to various places like Goverdhan, Agra and Mathura etc. and during this span of time, she had various opportunities to make hue and cry if anything wrong was done by the accused-petitioner, but, she did not do so. Learned counsel also argued that the accused-petitioner is behind the bars since 14.07.2022. Learned counsel also argued that there is no criminal antecedent of the accused-petitioner and conclusion of the trial will take long time.

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Learned Public Prosecutor vehemently opposed this bail application.

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Having regard to the facts and circumstances of the case and considering the fact that the accused-petitioner is behind the bars since 14.07.2022, but without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that this bail application filed by the petitioner deserves to be accepted.

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Consequently, this bail application filed under Section 439 Cr.P.C. are allowed. It is ordered that accused-petitioner Khemchand Son of Indar Saini, arrested in FIR No.198/2022, registered at Police Station Malakheda, District Alwar shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR), J

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AARZOO ARORA /28

Khemchand Son of Indar Saini v. State of Rajasthan

Case brief

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Khemchand Son of Indar Saini v. State of Rajasthan

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